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Home My WebLink AboutCP-21-CR-1064-2005 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : ARTIS PATRICK HICKS : CP-21-CR-1064-2005 IN RE: OMNIBUS PRETRIAL MOTION OPINION AND ORDER OF COURT Bayley, J., February 21, 2006:-- 1 Defendant, Artis Patrick Hicks, is charged with forgery, unsworn falsification to 23 authorities, tampering with or fabricating physical evidence, tampering with public 4 records or information, obstructing administration of law or other governmental 5 functions, and criminal solicitation – obstructing administration of law or other 6 governmental function. Each charge involves an allegation under 18 Pa.C.S. Section 306 involving “Liability for conduct of another; complicity.” Defendant filed an omnibus pretrial motion for relief raising three issues. A hearing was conducted on February 13, 2006. The first issue is the motion of defendant to “dismiss all counts and/or quash the information due to violation of jurisdiction and venue.” These criminal charges resulted __________ 1 18 Pa.C.S. § 4101 and 306. 2 18 Pa.C.S. § 4904(a)(2), (3) and 306. 3 18 Pa.C.S. § 4910(2) and 306. 4 18 Pa.C.S. § 4911(a)(2) and 306. 5 18 Pa.C.S. § 5101 and 306. 6 18 Pa.C.S. § 902 (5101) and 306. CP-21-CR-1064-2005 from a complaint for child support against defendant, filed in Cumberland County by Kelly Lynn Jones on September 4, 2003. Defendant was ordered to appear for a Domestic Relations Conference. On September 17, 2003, defendant sent a signed document to the Cumberland County Domestic Relations Office “requesting an order to establish paternity.” Artis S. Hicks, Kelly L. Jones, and her child, were ordered to appear for genetic testing in the Domestic Relations Office on October 7, 2003. At the request of defendant, who lived in Clarion County, and as a matter of courtesy, the order directing him to appear in Cumberland County was cancelled, and it was arranged for him to appear for his genetic testing on November 5, 2003, in the Domestic Relations Office in Clarion, Pennsylvania. On November 14, 2003, genetic testing was conducted in Clarion County. The criminal complaint sets forth the specific allegations against defendant for each crime charged. FORGERY. That defendant, as a principal or accomplice, “. . . with the intent to defraud or injure another, or with knowledge the [sic] he was facilitating the perpetration of a fraud or injury: alter, make, complete, execute, authenticate, issue, transfer or utter certain writing so that it purported to be the act of another who did not authorize that act by signing the name of Patrick Hicks on a Lab Corp [sic] chain of custody form in the presence of a Domestic Relations Officer Cynthia Switzer, defrauding the Mother Kelly Lynn Jones, infant child Shawn Michael Jones and the court of Common Please [sic] Cumberland County, PA.” -2- CP-21-CR-1064-2005 UNSWORN FALSIFICATION TO AUTHORITIES. That defendant, as a principal or accomplice, did “. . . mislead Cynthia Switzer (Clarion County Domestic Relations Officer) for the Court of Common Pleas of Cumberland and Clarion Counties Pennsylvania, . . . intentionally or knowingly . . . did submit or invite reliance on a writing which he knew to be forged, altered, or otherwise lacking in authenticity and he submitted or invited reliance on a sample . . . which he knew to be false in that he did sign the name of Patrick HICKS [sic] on a Paternity Chain of Custody Official Form; submit saliva specimen for DNA testing, submitted an expired PA Drivers License of Artis Patrick HICKS to DRO Officer Cynthia Switzer and submitted a thumb tip partial latent print all while representing himself as Artis Patrick HICKS.” TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE. That defendant, as a principal or accomplice, “. . . did submit: his thumb tip partial latent print; saliva specimen for DNA testing, submitted an expired PA Drivers License of Artis Patrick HICKS to DRO Officer Cynthia Switzer and signed the name of Patrick HICKS on Paternity Chain of Custody Official of Common Pleas of Clarion County for Cumberland Co, a public servant, who was engaged in such proceeding or investigation.” TAMPERING WITH PUBLIC RECORDS OR INFORMATION. That defendant, as a principal or accomplice, “. . . presented himself to the Clarion County PA Domestic Relations Office (at the request of Cumberland County DRO) as one Mr. Artis Patrick HICKS when he knew that he was indeed impersonating Mr. Artis Patrick -3- CP-21-CR-1064-2005 HICKS and by means of presenting an expired PA Drivers License of Mr. Artis Patrick HICKS and responding to official documentation that was received by the real Artis Patrick HICKS and defrauding and injuring the Court of Common Pleas of Cumberland County and Clarion County Pennsylvania as well the mother Kelly Lynn Jones and infant child Shawn Michael Jones.” OBSTRUCTING ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION. That defendant, as a principal or accomplice, “. . . did appear and impersonate and placing physical interference or obstacle a one Mr. Artis Patrick HICKS and stood in for Artis Patrick HICKS for a Government Paternity Test for the Court of Common Pleas Cumberland County DRO through the DRO at Clarion County PA that could have defrauded the Court/State Government in securing a child support order and other Federal Survival Benefits (Social Security and death benefits) that the infant child Shawn Michael Jones could have received against the real father of the infant child, thus injuring him as well.” CRIMINAL SOLICITATION -- OBSTRUCTING ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION. That defendant, as a principal or accomplice, “. . . solicited to have a known relative of the defendant (Walter Spencer HICKS) take a governmental request to participate in Paternity Testing on child support case (Docket No. 00796 S 2003; PACSES Case No. 690105775) between the alleged father Artis Patrick HICKS, the mother Kelly Lynn Jones and infant child Shawn Michael Jones on November 14, 2003 and solicited Walter Spencer HICKS to -4- CP-21-CR-1064-2005 impersonate and stand in or the defendant in efforts to avoid an established child support order being placed against the defendant an injure the infant child from possibly securing Child Support, Social Security Survivor benefits and other benefits that may ever be entitled to him.” Statewide subject matter jurisdiction over a person charged with violating the Crimes Code of Pennsylvania lies in the Courts of Common Pleas in Pennsylvania. Commonwealth v. Bethea, 828 A.2d 1066 (Pa. 2003). Thus, the Court of Common Pleas of Cumberland County has jurisdiction of the charges against defendant. As set Bethea, forth in venue relates to the particular judicial district in which a criminal charge is to be brought. Generally, venue begins in the court with a geographic Id. connection to the events at issue. Generally, venue in a criminal action properly Id. belongs in a place where the alleged crime occurred. In the present case, the Commonwealth maintains that defendant (1) solicited his brother Walter Hicks to appear for a genetic test in Clarion County posing as himself, (2) Walter Hicks submitted to the genetic test and not defendant, as ordered, (3) the laboratory result of that test was forwarded to the Domestic Relations Office in Cumberland County, (4) the report contained a finding that defendant was excluded from paternity of the child of Kelly Lynn Jones, and (5) harm was caused by the criminal conduct because the report was detrimental to the claim of Jones for child support. Thus, while overt acts allegedly committed by Walter S. Hicks as an accomplice of defendant occurred in the Domestic Relations Office of Clarion County, -5- CP-21-CR-1064-2005 the harm caused by those acts occurred in Cumberland County because of the detriment to the claim of Jones against defendant. Conduct intended to produce and producing detrimental effect in Cumberland County justifies venue in this county. See Commonwealth v. John, John 854 A.2d 591 (Pa. Super. 2004). Although involved an issue of jurisdiction, the reasoning applies to an analysis of venue in the present case. Alternatively, defendant maintains that venue should be transferred to Clarion County because he will suffer undue expense in conducting his defense in Cumberland County. He was charged here. His retaining an attorney from Clarion County does not warrant changing venue. We do not otherwise find merit in this position. The other two issued raised by defendant are without merit. The seizure of his property pursuant to a search warrant was supported by probable cause. There is a prima facie case of forgery. Accordingly, the following order is entered. ORDER OF COURT AND NOW, day of February, 2006, the omnibus pretrial motion of IS DENIED. defendant for relief, By the Court, Edgar B. Bayley, J. Jonathan R. Birbeck, Esquire -6- CP-21-CR-1064-2005 For the Commonwealth Blair Hindman, Esquire P.O. Box 766 Clarion, PA 16214 For Defendant :sal -7- COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : ARTIS PATRICK HICKS : CP-21-CR-1064-2005 IN RE: OMNIBUS PRETRIAL MOTION ORDER OF COURT AND NOW, day of February, 2006, the omnibus pretrial motion of IS DENIED. defendant for relief, By the Court, Edgar B. Bayley, J. Jonathan R. Birbeck, Esquire For the Commonwealth Blair Hindman, Esquire P.O. Box 766 Clarion, PA 16214 For Defendant :sal